VMWare, Inc.v.Good Technology Corporation

Patent Trial and Appeal Board

May 6, 2015

12489326 (P.T.A.B. May. 6, 2015)

Trials@uspto.gov Paper 6
571–272–7822 Entered: May 6, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________

VMWARE, INC.,
Petitioner,

v.

GOOD TECHNOLOGY CORPORATION,
Patent Owner.
_______________

Case IPR2015-00909
Patent 8,117,344 B2
_______________

Before BRYAN F. MOORE, PETER P. CHEN, and
ROBERT J. WEINSCHENK, Administrative Patent Judges.

WEINSCHENK, Administrative Patent Judge.

ORDER
Termination of the Proceeding
37 C.F.R. § 42.74

IPR2015-00909
Patent 8,117,344 B2

2
I. INTRODUCTION
On May 1, 2015, the parties filed a Joint Motion to Terminate with
Request to Keep Separate pursuant to 42 C.F.R. §§ 42.5(a), 42.71(a), and
42.74. Paper 5 (“Joint Mot.”). In addition, pursuant to 35 U.S.C. § 317(b)
and 37 C.F.R. § 42.74(c), the parties filed a true copy of a Patent License
and Settlement Agreement. Ex. 1015. The Joint Motion to Terminate with
Request to Keep Separate identifies the Patent License and Settlement
Agreement as business confidential information and requests that the
agreement be kept separate from the patent file. Joint Mot. 4–5.
II. ANALYSIS
This case is in the preliminary proceeding
1
stage; no decision whether
to institute a trial has been made. The parties identify various related U.S.
and non-U.S. lawsuits and various related proceedings before the U.S. Patent
and Trademark Office (“USPTO”) involving the parties. Joint Mot. 2–3.
The parties represent that the filed agreement settles all disputes between the
parties with respect to the above-captioned proceeding. Id. at 1. Further, the
parties represent that, pursuant to the filed agreement, all related lawsuits
involving the parties have been dismissed (id. at 2–3), and that the parties
are filing appropriate motions requesting termination of the related
proceedings before the USPTO (id. at 3). Under these circumstances, we
determine that good cause exists to terminate the above-captioned
proceeding at this preliminary proceeding stage and without rendering a
final written decision.

1
A preliminary proceeding begins with the filing of a petition for instituting
a trial and ends with a written decision as to whether trial will be instituted.
37 C.F.R. § 42.2.
IPR2015-00909
Patent 8,117,344 B2

3
III. ORDER
In consideration of the foregoing, it is hereby:
ORDERED that the Joint Motion to Terminate with Request to Keep
Separate is granted;
FURTHER ORDERED that the parties’ request that the Patent
License and Settlement Agreement (Ex. 1015) be treated as business
confidential information, to be kept separate from the patent file, is granted;
and
FURTHER ORDERED that the above-captioned proceeding is
terminated.
IPR2015-00909
Patent 8,117,344 B2

4
PETITIONER:

Alex Chartove
Matthew Kreeger
MORRISON & FOERSTER LLP
achartove@mofo.com
mkreeger@mofo.com

PATENT OWNER:

Phillip Bennett
Nicholas Transier
EIP US LLP
pbennett@eip.com
ntransier@eip.com